Author: Juan David Gómez, MA
October 30, 2024
Human Rights: “All members of the human family”
“With the launching of these command guidelines, the National Army ratifies the commitment of each of its members with the dissemination, promotion, disclosure, internalization and respect for human rights, application of international humanitarian law and operational law, a cornerstone in the planning of military operations, ensuring legitimacy in the fulfillment of the mission and legal security of our men.”[1]
The main purpose of this article is to shed light on a protracted phenomenon of repeated human rights violations in Colombia: the ‘illegal detentions’[2]—which are often plainly called kidnappings—of troops of the Colombian National Army while conducting different types of operations. What is its main particularity? As we will see, the actors behind these events are mostly part of the civil society, including indigenous populations and peasants who are active members of organizations founded to safeguard the human rights of their own communities. To achieve the presented purpose, we will examine the nature of this phenomenon, answer its main questions, and critically analyze the outcomes of previous situations and future challenges.
The Facts: Who, Why, When and Where
For several years now, Colombia has faced recurring instances of so-called "illegal detentions" carried out by civilian groups, particularly indigenous and peasant communities, targeting members of the Colombian National Army during their operations. In the course of research and data collection on this issue, at least 11 specific cases were identified—presented here—which represent only a fraction of the many incidents that often go unreported in both national and international media. Please consider the following map to have a geographic location of the referred cases:
Map: Illegal detention events against Colombian National Army troops (2015-2024)[3]
Between the Santa Rosa and San Andrés de Pisimbalá indigenous reservations, 32 soldiers were illegally detained for nearly 18 hours by indigenous people in Inzá, Cauca, Colombia. The allegations were related to the death of a local man, identified as Ismael Enrique Bastidas, near an Army checkpoint. Thanks to the response and seven hours of negotiations by the Ombudsman's Office of Colombia, the ‘Guardia Indígena’[4] handed over the soldiers. The situation was increasingly tense, as there was fear of a possible attack by the six fronts of the FARC[5].
In the municipality of El Patía in Cauca, Colombia, 17 soldiers were held by approximately 400 people in the context of undergoing protests due to the capture of two alleged combatants from the FARC's eighth front. The Ombudsman’s Office of Colombia was responsible for the negotiations to achieve their liberation.
For more than 16 hours, a group of civilians illegally detained troops of the Colombian National Army, in the rural zone of the municipality of San Calixto, Norte de Santander (specifically in the school of the San Ignacio village). The event happened as they were capturing Nelfer Carrascal Guerrero and Misael Carrascal Rey, alleged members of the EPL[6] dissidence, better known as Los Pelusos, and who are the most wanted for the murders of social leaders in Norte de Santander. The soldiers were attacked with sticks and machetes.
In Tibú, Norte de Santander (the infamous Catatumbo area), 180 soldiers were prevented from eradicating coca fields by more than 500 peasants who worked there. The civilians were opposed to losing their crops, so they surrounded the troops and forced them into a soccer field in the village of Chiquinquirá. They were released after 10 hours of negotiations, mediated by the Ombudsman’s Office of Colombia and the Personería of Tibú. The situation was cataloged by the authorities as a “kidnapping” and by the peasants as a “humanitarian siege”.
29 military personnel (35 according to other sources) were illegally detained in the rural area of the Restrepo district of the municipality of Tumaco by a group of some 500 local inhabitants who had come to the area from their villages of origin. They were held for at least 24 hours without radios and cell phones.
Forced to sit on the ground, insulted and humiliated were 16 illegally retained soldiers by some 700 members of the local indigenous reservation (members of the Guardia Indígena), as the cited source’s video shows. The troops were carrying out an operation in a house, located precisely in an area of this indigenous reservation, to capture an alleged FARC dissident who was wanted for the crime of aggravated homicide and manufacturing, carrying, and illegal possession of firearms when they were illegally detained, preventing the capture. The Colombian National Army accused the perpetrators of committing crimes against Articles 429 (violence against public servants) and 469 (‘asonada’[7]) of the Colombian Penal Code.
Around 18 uniformed members of Plan Democracia were illegally detained by local community members in the village of San Jorge, San José del Guaviare.
An unidentified number of local peasants of La Macarena, Meta, illegally detained 14 soldiers. According to the Colombian National Army, the community of a village in La Macarena would have been instrumentalized by members of the dissidents of the Estado Mayor Central (Ex-FARC members) under the command of alias “Iván Mordisco”.
Approximately 60 people from the local peasant communities illegally detained 34 soldiers for more than 24 hours. This happened in the context of operations against environmental crimes in the region, which counted with the support of the Fiscalía General de la Nación[8]. According to the cited sources, the peasants were forced to do so by the Marco Aurelio Buendía front of the FARC dissidents.
For more than 72 hours, 66 soldiers were illegally detained by alleged members of the ‘Guardias Campesinas’[9] of the villages of Chuapal and Bocas de Caño Cafra in San José del Guaviare, Guaviare, Colombia. The soldiers were deployed in response to threats made against local merchants in July by the Jorge Suárez Briceño front, a dissident faction of the former FARC, now part of the umbrella organization known as the Estado Mayor Central (ex-FARC members). Coscopaas (a conglomerate of indigenous and peasant organizations from Caquetá, Meta, and Guaviare) claimed responsibility for the action, justifying it by stating that the military deployment “poses an imminent risk to tranquility, peace, and harmony” and could trigger confrontations. Both the Ministers of Defense and the Interior Minister– Iván Velásquez and Juan Fernando Cristo, respectively–, called out the event as a ‘kidnapping’; however, the engineer Camilo González Posso, the Government’s chief negotiator with the EMC[10], contradicted the ministers’ statements and supported the information released by Coscopaas.
In one of Colombia’s most important Colombian National Natural Parks, the ‘Parque Nacional Serranía del Chiribiquete’, about 30 members of the Colombian National Army were conducting operations to combat illegal deforestation when they were illegally detained by an unspecified number of local peasants. The soldiers had already destroyed illegally constructed bridges and roads in the area, which connected to laboratories designed to process illegal substances. These laboratories were also dismantled by the security forces. The institution informed the public that their soldiers managed to escape in the early hours of the next morning. In a video statement, they also asserted that members of the EMC, such as the Jhon Linares front and the Jorge Suárez Briceño front, had infiltrated the peasants.
The Implications: Legal Framework and Actors
At least two Articles of The Universal Declaration of Human Rights[11] are violated in these instances: Article 3 (“Everyone has the right to life, liberty and the security of person”) and Article 9 (“No one shall be subjected to arbitrary/random arrest, detention or exile”). Furthermore, Article 30 reinforces that no hierarchy of rights or exercise of rights in isolation is permitted and the principle of the indivisibility of human rights ensures that no right can be used to undermine or limit the rights of others—they are inalienable. Likewise, both the preamble and Article 2 of the UDHR affirm the universality of these rights: the preamble recognizes them as belonging to “all members of the human family,” while Article 2 ensures that “everyone is entitled to all the rights and freedoms outlined in this Declaration, without distinction of any kind”. Ensuring one’s human rights must not come at the expense of someone else’s human rights.
Thus, it is undeniable that these ‘illegal detentions’ or ‘kidnappings’ against members of the National Armed Forces are flagrant violations of the UDHR. But which groups carry out these actions? Why do they do it? The ‘Guardia Indígena’ and the ‘Guardias Campesinas’ are often involved, as are FARC and ex-FARC dissidents left over after the 2016 Peace Accords between the National Government and the FARC guerilla.
Looking first at the civil society, the ‘Guardia Indígena’ defines itself on its webpage as “a collective composed of children, women, and adults” whose purpose is “the defense of life and autonomy of Indigenous peoples” based on the Law of Origin, the exercise of their own law and the National Constitution Art. 7, 330 and 246. Concerning their stance towards human rights, they claim that they are “towards a culture of peace, from the principle of indigenous guardianship, which consolidates the validity of human rights and the unrestricted respect for humanitarian norms by each and every one of the participants and non-participants in the war.” On the other hand, according to INCLO, the ‘Guardias Campesinas’ are a self-protection mechanism that seeks to recognize peasants as political subjects with rights. In addition, they are a community protection mechanism that seeks to safeguard the human rights of peasants, the environment, and the territory. The ‘Guardias Campesinas,’ unlike the ‘Guardia Indígena,’ which is framed within the rights of autonomy and self-government that indigenous peoples possess, do not have the same special jurisdiction, as they lack formal legal recognition by the Colombian state.
From a different perspective, we have organizations, previously labeled as ‘terrorist,’ such as the FARC and other ex-FARC dissident groups. It is worth noting that, after achieving a peace accord between the national government and the FARC guerrilla in 2016, the country has experienced a proliferation and growing dominance of ex-FARC dissident groups throughout the national territory. On several occasions, the Colombian National Army has accused these dissident groups of instrumentalizing the local communities to commit illegal detentions, which would constitute a very serious case of violation of the human rights of the civilian communities concerned.
The outcomes and challenges for the future
The legal framework within which these cases have been addressed offers ambiguities and blurry areas, especially concerning constitutional recognition of how the authorities of the indigenous peoples may exercise jurisdictional functions within their territorial scope, in accordance with their own rules and procedures. While international and national human rights laws provide a foundation for protecting individual rights, applying these laws in Colombia's complex socio-political context remains challenging. In many cases, the resolution of these illegal detentions has relied heavily on negotiations, often involving the Ombudsman’s Office or other intermediaries, rather than strict legal enforcement. The Colombian government must balance its commitment to respecting the autonomy of indigenous communities with the imperative to uphold the rule of law, ensuring that no group can justify human rights violations under the guise of self-defense or community protection.
Additionally, the need for greater clarity in the legal distinctions between civil society actors, such as the ‘Guardia Indígena’ and ‘Guardias Campesinas’ and criminal organizations like the FARC dissidents must be stressed. Without formal recognition, the actions of those purportedly defending their communities’ human rights remain in a legal gray area, complicating the state's ability to respond appropriately to incidents involving these groups. This, as we have seen, can lead to cases of instrumentalization of civil society by criminal organizations.
Finally, only by strengthening the presence of state institutions in rural areas, investing in social development, and ensuring a transparent and effective Armed Forces that guarantee the human rights of the entire population can we overcome the distrust and human rights violations by civil society organizations. It is important to remember that the duty of those in service is to maintain the rule of law, with soldiers serving as "the first and legitimate defenders of human rights in Colombia," as stipulated by the Colombian National Army Command Guidelines, which assert that they "guarantee the very existence of these rights."
Glossary
Ambiguity: The state of having more than one possible meaning.
Civil society: All forms of social action carried out by individuals or groups who are neither connected to nor managed by state authorities.
Civilian groups (Civil society organizations): Any national or international institution, organization, or entity made up of natural or juridical persons of a non-governmental nature.
Coca fields: Coca leaves are the key ingredient in cocaine and Colombia has long been the top producer of the illegal drug. Fields are located in certain areas of the country: almost two-thirds of the coca crops are found in the provinces of Nariño and Putumayo, which border Ecuador, and in Norte de Santander, on the Venezuelan border.
EMC (Estado Mayor Central)/ FARC dissidents: A federation of dissident fronts of the Revolutionary Armed Forces of Colombia (FARC) that chose not to adhere to the peace process signed in 2016 between that guerrilla group and the government of Colombia.
FARC: The Revolutionary Armed Forces of Colombia (Fuerzas Armadas Revolucionarias de Colombia — FARC) were Colombia’s largest irregular army. They operated in various regions of the country in search of resources to finance their nearly 50-year war against the State. The FARC was the oldest and most important guerrilla group in the Western Hemisphere, and for a long time, they financed their political and military battle against the Colombian government through kidnapping, extortion, and participating in the drug trade on various levels.
Flagrant: shockingly noticeable or evident.
Guardias Campesinas: A civil entity created by the peasant movement in Colombia to mediate and resolve conflicts within rural territories. These groups have organized across various regions with the primary goals of protecting life through the defense of human rights, safeguarding peasant territories, and promoting reconciliation. The Guardias Campesinas play a crucial role in ensuring the safety and well-being of rural communities, advocating for peace and the protection of local land rights.
Guardia Indígena: A collective force of indigenous community members who are responsible for safeguarding their territories, culture, and autonomy. They act as a protective body, upholding the rights of indigenous peoples, and are fundamental in defending life, human rights, and the environment within their regions. This group operates under the guidance of indigenous authorities and plays a vital role in maintaining peace and order within indigenous territories in Colombia.
Human Rights: Rights inherent to all human beings, regardless of race, sex, nationality, ethnicity, language, religion, or any other status.
Humanitarian siege: In the case of Colombia, a humanitarian siege can refer to situations where civilians, often led by local or indigenous communities, restrict the access of military and police. forces to certain areas. This type of siege is usually in response to perceived violations of human rights or to protest the presence and actions of state security forces in their territories.
Inalienable: Unable to be removed.
Instrumentalize: To use a person as a tool or means to achieve one's own goals or objectives, often in a way that disregards their agency, autonomy, or well-being.
Intermediary: A person or an organization that helps other people or organizations to make an agreement by being a means of communication between them.
Ley de origen: (‘The law of origin’) As defined by the cited document between the Minister of Justice and the Awa people of Camawari, it is the principle of all that exists in our world, (and) it is expressed in our thought. The law of origin is not a construction of men, it is the universal and natural law and order that we must respect, know and investigate, and it must be energized through education and social organization, for this reason it must be respected and preserved through the ancestral cultural traditions of the indigenous people.
Manufacture (firearms): In the case of firearms, it refers to the fabrication of improvised explosive devices (IEDs) and other related war materials. In the Colombian conflict, this has been a common practice among the guerrilla and paramilitary groups.
Marco Aurelio Buendía: Infamous FARC combatant from the 80s after which a front was named.
Ombudsman’s Office of Colombia: The institution of the Colombian State responsible for promoting the effectiveness of the human rights of the inhabitants of the national territory and of Colombians abroad, within the framework of the Social State of Democratic, Participatory and Pluralistic Law.
Particularity: The quality of being individual or unique.
Peasants: A farmer who owns or rents a small piece of land.
Personería: Government office responsible for protecting and promoting human rights, overseeing public administration, and ensuring that the interests of citizens are safeguarded.
Plan Democracia (‘Democracy Plan’): Current Armed Forces of Colombia organizational strategy, with the purpose of achieving the maximum operational deployment across the national territory according to their operational and logistical capabilities. In this way, they aim to contribute to maintaining public order and creating the necessary security conditions for the free exercise of democratic rights and the normal development of electoral processes scheduled by the National Civil Registry.
Proliferation: The sudden increase in the number or amount of something; a large number of a particular thing.
Protracted: Lasting longer than expected or longer than usual.
(The) Rule of law: The condition in which all members of society, including its political leaders, accept the authority of the law.
Universality: The quality or state of being universal (= existing everywhere, or involving everyone).
Sources
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Defensoría del Pueblo. “Por Cerca de 18 Horas, 32 Militares Fueron Retenidos por Indígenas en Cauca.” Accessed October 7, 2024. https://www.defensoria.gov.co/-/por-cerca-de-18-horas-32-militares-fueron-retenidos-por-ind%C3%ADgenas-en-cauca
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El Tiempo. “Retención Ilegal de Soldados que Iban a Erradicar Cultivos de Coca.” October 19, 2021. https://www.eltiempo.com/colombia/otras-ciudades/tibu-retencion-ilegal-de-soldados-que-iban-a-erradicar-cultivos-de-coca-629060
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Footnotes
[1] “Con el lanzamiento de estos lineamientos de comando el Ejército Nacional ratifica el compromiso de cada uno de sus miembros con la difusión, promoción, divulgación, interiorización y respeto de los derechos humanos, aplicación del derecho internacional humanitario y derecho operacional, piedra angular en el planeamiento de las operaciones militares, garantizando la legitimidad en el cumplimiento de la misión y la seguridad jurídica de nuestros hombres.” (Lineamientos de Comando en Derechos Humanos, Derecho Internacional Humanitario y Derecho Operacional Bicentenario)
[2] Or in Spanish “retenciones ilegales”.
[3] Gómez, J. (2024). Map: Illegal detention events against Colombian National Army troops (2015-2024).
[4] Or, in English, ‘The Indigenous Guard’.
[5] ‘Fuerzas Armadas Revolucionarias de Colombia’ or, in English, the ‘Revolutionary Armed Forces of Colombia’.
[6] ‘Ejército Popular de Liberación’ or, in English, ‘Popular Liberation Army’.
[7] “Those who in a tumultuous manner violently demand from the authority the execution or omission of any act proper to their functions.”
[8] The Attorney General's Office
[9] Or in English, ‘The Peasants Guards’.
[10] ‘Estado Mayor Central’ or, in English, ‘Central General Staff’.
[11] From now on ‘UDHR’.